Under Minnesota Statute 256B.15
If a person receives Medical Assistance, upon the person’s death the amount of Medical Assistance paid shall be filed as a Claim against the estate of the deceased person. These claims against the estate are to reimburse the Medical Assistance program.
These claims take priority over a will and any wishes of the deceased.
Real Estate - At the time of Medical Assistance application, if there is real estate, a Medical Lien is placed on the property. At the time of death, the County may open a probate estate in order to sell the property and reimburse the Medical Assistance program. Any proceeds from the sale of the property that exceed the amount of Medical Assistance expended is distributed under the Court’s supervision to the appropriate beneficiaries.
For more information, please visit the DHS site regarding Estate Recoveries here.
The county may seek recovery for all these health care services:
- Alternative Care (AC) services received on or after July 1, 2003
- General Assistance Medical Care (GAMC) services received at any age
- Medical Assistance (MA) services
- MA-long term services and supports (LTSS) received by a member 55 years old or older.
- Nursing facility services (NFS)
- Home and community-based services (HCBS)
- Waiver HCBS
- Alternative care (AC)
- Brain injury (BI)
- Community alternative care (CAC)
- Community access for disability inclusion (CADI)
- Developmental disabilities (DD)
- Elderly Waiver
- Non-waiver HCBS
- Home health services
- Home care nursing
- Home health aide services
- Medical supplies and equipment
- Physical therapy, occupational therapy, and speech therapy, when the service is provided by a home health agency
- Personal care assistance (PCA)
- Hospital and prescription drug services received during the time the member was provided NFS or HCBS
- All MA services received by a member, regardless of age, during permanent residence in a medical institution